Our son is about to exchange on a new build apartment in Burton Joyce with a home loan from Nottingham. His solicitor has advised him of a delay in completing the ‘Disclosure of Incentive Form’. This document is news to me - what is it and who needs sight of it?
The form is intended to provide information to the main parties engaged in the transaction. Therefore, it will be provided to your son’s lawyer who should be on the Nottingham conveyancing panel as a standard part of the process, and to the valuer when asked. The developer will be required to start the process by downloading the form and completing it. The form will therefore need to be available for the valuer at the time of his or her site visit. The form should be sent to the Nottingham conveyancing panel solicitor as early as possible, in order to avoid any last minute delays, and no later than at exchange of contracts.
My stepmother pointed out to me me that in buying a property in Burton Joyce there could be a number of restrictions affecting the ability to carry out external changes to a property. Is this right?
There are a number of properties in Burton Joyce which have some sort of restriction or requirement of consent to perform external changes. Part of the conveyancing in Burton Joyce should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
We are due to move property in November. Does my conveyancing solicitor communicate with the removal company on the completion day. As an aside, can you recommend a removal company in Burton Joyce. Conveyancing solicitor was chosen before I stumbled across this website.
On the day of completion you will need to collect the keys from your property agent but this should only happen after the previous owners lawyers inform the agent that the monies to complete are in and the keys can be released. You can advise the removal men that they can start moving you in. We are not in a position to recommend a particular removal company but can help you locate a conveyancing in Burton Joyce or a legal practice with expertise in conveyancing in Burton Joyce.
We are getting a further advance on our mortgage from RBS as we want to carry out improvements to our house in Burton Joyce. Are we obliged to choose a nearby Burton Joyce solicitor on the RBS conveyancing panel to handle the legals?
RBS would not normally require a member of their approved list of lawyers to handle the formalities. If they do require any legal work then you would need to ensure that such a lawyer was on the RBS panel.
The estate agent has sent us the confirmation of our purchase of a new build flat in Burton Joyce. Conveyancing is daunting at the best of times but I have never purchased a new build flat before. Can you give me some examples of some of the questions asked in new build conveyancing.
Here are examples of a few leasehold new build enquiries that you should expect your new-build leasehold conveyancing in Burton Joyce
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Investor purchasers must be able to freely grant unsecured tenancies at market rents without requiring any consents. Will the freehold then be transferred for a nominal consideration (not exceeding £100) to the Management Company? The Lease must contain a provision on behalf of the Vendor to pay the service charges in respect of unoccupied units in order to ensure that all services can be provided. The Vendor must covenant to keep unsold units in good repair until long leases are granted therefore. There must be mutual enforceability of lessee’s covenants.
I am employed by a busy estate agent office in Burton Joyce where we have experienced a number of flat sales derailed due to leases having less than 80 years remaining. I have received inconsistent advice from local Burton Joyce conveyancing firms. Can you confirm whether the seller of a flat can initiate the lease extension process for the buyer?
As long as the seller has been the owner for at least 2 years it is possible, to serve a Section 42 notice to start the lease extension process and assign the benefit of the notice to the purchaser. The benefit of this is that the proposed purchaser need not have to wait 2 years to extend their lease. Both sets of lawyers will agree to form of assignment. The assignment needs to be completed before, or at the same time as completion of the sale.
An alternative approach is to extend the lease informally by agreement with the landlord either before or after the sale. If you are informally negotiating there are no rules and so you cannot insist on the landlord agreeing to grant an extension or transferring the benefit of an agreement to the purchaser.
Burton Joyce Conveyancing for Leasehold Flats - Examples of Queries Prior to Purchasing
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Most Burton Joyce leasehold properties will incur a service bill for maintenance of the building levied on behalf of the management company. If you buy the apartment you will have to pay this amount, normally in instalments accross the year. This may be anything from two or three hundred pounds to thousands of pounds for buildings with lifts and large communal grounds. There will also be a ground rent for you to pay annual, normally this is not a significant figure, say approximately £25-£75 but you need to check as occasionally it could be many hundreds of pounds. In the main the cost for major works are not included within service charges, albeit that there some managing agents in Burton Joyce require tenants to contribute towards a sinking fund created for the specific intention of building a fund for major repairs or maintenance. Can you inform me if there are any major works on the horizon that could increase the service charges?
We are hoping to buy a four room flatin Burton Joyce with a loan from a mortgage company. We wish to instruct our conveyancer in Burton Joyce yet our lender inform us now that he's not on their "panel". It seems we have little choice but to instruct one of the our mortgage company panel firms or keep our Burton Joyce solicitor and incur the extra legals for one of their panel ones to represent our mortgage company. We feel as though this is unjust; is there anything we can do?
No, not really. The bank home loan issued is subject to its terms and conditions, one of which will be that solicitors will on the mortgage company's conveyancing panel. Until recently, most lenders had open panels, including many conveyancing solicitors in Burton Joyce : a mortgagee could choose one for themselves, as long as it was on the lender's panel. The lender would then simply instruct the borrower's lawyers to act for the lender, too. You can use your lender's panel lawyers or you could borrow from another lender which does not restrict your choice. Another option that might be available is for your lawyer to apply to be on the conveyancing panel for your bank.